Legal Opinion
Cottingham v. Hammerson Fifth Avenue, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 1999PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about February 9, 1998, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Summary judgment dismissing the complaint was properly granted because plaintiff failed to raise a triable issue of fact as to whether defendants had actual or constructive notice of the wet floor upon which she allegedly slipped and fell (see, Piacquadio v Recine Realty Corp., 84 NY2d 967; Morchik v Trinity School, 257 AD2d 534; Tsamos v Volmar Constr. Co., 231 AD2d 709). We…
2Cases cited5 opinions
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- Negron v. St. Patrick's Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
- Morchik v. Trinity SchoolAppellate Division of the Supreme Court of the State of New York · 1999
- Crawford v. MRI Broadway Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Tsamos v. Volmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- Jefferson v. Temco Services Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Joseph v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 2000
- Shernicoff v. 1700 Broadway Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Tarrabocchia v. 245 Park Avenue Co.Appellate Division of the Supreme Court of the State of New York · 2001